FAIRFIELD -- Capital murder charges were filed Monday against the man accused of killing Vallejo Police Officer Jim Capoot, but prosecutors stopped short of saying if they will seek the death penalty.

Meanwhile, Henry Albert Smith, 37, made his first court appearance before Solano County Superior Court Judge Peter Foor. Smith was represented by the Public Defender's Office.

Smith, shackled and appearing in jail clothes, did not enter a plea and was ordered back in court Nov. 29. He waived his right to a speedy trial after defense attorneys asked for more time to review the charges filed against Smith.

Foor ordered Smith held without bail.

Smith also is charged with use of a firearm and being a felon in possession of a firearm. Smith has a prior serious felony or "strike," prosecutors said.

District Attorney Don du Bain issued a statement Monday that Smith is being charged with four "special circumstances" that, if proven, would make Smith eligible for the death penalty or life in prison without possibility of parole.

However, there was no word from du Bain on whether he intends to seek the death penalty in Smith's case. That is an issue that sources familiar with the case said could take months to decide.

Smith is being charged with knowingly murdering a police officer in the line of duty while fleeing after committing a bank robbery. Smith is also charged with murdering Capoot to avoid arrest and of intentionally killing the victim by "lying in wait."

Prosecutors would not comment on the evidence behind the various special allegations.

Smith was arrested Thursday after the shooting death of Capoot, 45, in North Vallejo. The shooting followed a high-speed pursuit and foot chase after a reported bank robbery of a Vallejo Bank of America branch.

The shooting occurred shortly before 2 p.m. in the backyard of a residence on the 100 block of Janice Street, police said.

Police have not released details of how Capoot, a Vacaville resident and 19-year department veteran, was shot. However, police said that the officer did not fire his own weapon.

Smith was quickly arrested by trailing officers who arrived on the scene less than a minute later. Police said Smith was arrested while trying to enter a woman's house.

Judge Foor also set a hearing for next Monday to review requests from several news agencies to allow cameras in the courtroom. The public defender's office has submitted a motion to bar the press from taking pictures of the defendant.

No Vallejo police officers nor members of Capoot's family were present in the courtroom. Outside the courthouse, flags flew at half-staff in honor of the fallen officer.